Wickremesinghe Et Al. V. Unnanse Et Al.,

1921. Present : Shaw A.C.J. and De Sampayo J.

WICKREMESINGHE et al. v. UNNANSE et al.

83-D. C. Galle, 16,667.

Buddhist ecclesiastical law-Sanghika property-Dedication necessary- Dismissal of priest by trustee-Buddhist Temporalities Ordinance.

It is by a gift that a temple or any other property can become Sanghika, and the very conception of a gift requires that there should be an offering or dedication. Until a dedication takes place the temple remains gihi santaka (lay property). This dedication may take the form of a writing or may be verbal, but in either case it is a formal act, accompanied by a solemn ceremony in the presence of four or more priests who represent the Sarva Sangha, or the entire priesthood. A dedication may be presumed in the case of a temple whose origin is lost in the dim past.

SHAW A.C.J.- I do not think that the Buddhist Temporalities Ordinance is intended to apply to premises that are private property.

SHAW. A.C.J.-The first defendant having to show that his tutor Seelananda was incumbent of Sanghika property is not entitled to succeed him under the rule of pupillary succession, and as he himself was admitted to the temple at the invitation of the legal owner of the property, he is liable to be removed by them at will.

THE facts appear from the Judgment.

The plaintiff called the following witness as an expert witness :-

Gonagala Siddharta, affirmed :-I am Principal of a pirivena-of Bentara Sudharmodaya. I have the title Sudharma Wagiswara Vinayacharya and Karmacharya of Poyage in Kandy. I am entitled to officiate, and have officiated, at an upasampadawa ceremony. These are titles conferred to priesthood of Kandy. I am sixty-three years old. I know this temple in the Fort. I did not come to know that this temple has been dedicated. For a dedication there must be a donor, donee, and a gift. There are formalities required. There must be an

assembly of priests-four and more. The property must be shown. The donor and donee must appear before the assembly. Certain words are uttered according as it is a gift to one or more. Uttered three times. Water is poured into the donees' hands. The donees then must possess the property from the time without damage.

No property can become Sanghika without such a ceremony. Sometimes there is a stone inscription recording the grant, or a deed is given, or a pinpatraya. Most are given on some sort of document.

Cross-examined.-The Chula Wagga lays it down that, even without a document, if property is given to the priesthood, it is given. This is one of the five books of the Vinaya. Bowls and umbrellas are given every day. I live at Bentota.

The Adhikari is priest officiating under the high priest.

The Adhiwasi, who comes from some place, and is there for some time, he is Adhiwasi. There can be all these in the temple at one and the same time.

To Court:-

Question.-Who is the man who rules and governs the temple and orders ?

Answer.-The Adhikari.

To counsel:-

He acts under the Adhipati.

In temples there may be only one Adhipati or one Adhikari. In cases where there are both, the Adikhari consults the Adhipati. The Adhiwasi acts on the advice of members of a society.

If this temple were Sanghika, the plaintiff could not eject the defendant.

I never even thought of getting a nominee of mine into the temple. I am known as Gonagala priest. I did suggest about a year ago to Hikkaduwa Pemananda that Saranapala, co-pupil of Sarananda, should be appointed to Galle Fort, as they had fallen out over the Bogahawatta incumbency (Adhipathi Kama).

L. W. C. SCHRADER,

District Judge.

E. W. Jayawardene (with him R. L. Pereira and M. de Silva), for appellants.

A. St. V. Jayawardene and H. F. Perera, for respondents.

Cur. adv. vult.

December 15, 1920. SHAW A.C.J.-

This is an action claiming a declaration that certain premises in the Fort of Galle, which have for some years been used as a

Click Here to Read the rest of this document